Understanding Proposition 57: What It Could Mean for Juvenile and Non-Violent Offenders in California

California’s criminal justice reform efforts have taken several significant steps forward in recent years—but few changes have had the wide-reaching impact of Proposition 57. Passed by voters in 2016, Prop 57 was designed to reduce prison overcrowding, promote rehabilitation, and rebalance how justice is administered to juveniles and non-violent offenders.

At Simmons Wagner, LLP, we help individuals and families understand how changes like Prop 57 can open the door to reduced sentences, early parole, or transfers back to juvenile court. If you or a loved one has a case impacted by these reforms, here’s what you need to know.

Juveniles Can No Longer Be Automatically Tried as Adults

Before Prop 57, California prosecutors had broad authority to charge minors as adults for certain crimes—especially violent felonies like murder or rape. This led to thousands of youth being tried in adult courts without judicial oversight.

Prop 57 changed that. Now, prosecutors must request a “transfer hearing” in juvenile court. A judge—not a prosecutor—makes the final call, weighing key factors such as:

• The juvenile’s age and maturity level
• Their criminal history, if any
• The severity of the charges
• Any available reports from probation or mental health professionals

This reform ensures that minors aren’t automatically subjected to adult sentencing without a thoughtful, case-by-case review. For families facing serious charges against a juvenile, this judicial check is a powerful protection.

Can Past Juvenile Cases Be Revisited?

Yes. In 2018, the California Supreme Court ruled that Prop 57 applies retroactively to all cases that weren’t finalized before its passage. If a minor was charged as an adult and their case hadn’t reached a final judgment by late 2016, they may be entitled to a transfer back to juvenile court.

Expanded Parole Opportunities for Non-Violent Offenders

Another major component of Prop 57 is that it grants early parole eligibility to inmates convicted of non-violent felonies—after they’ve served the base term of their sentence. In other words, sentencing enhancements (such as weapons charges) no longer keep them from being considered for parole once the time for the main offense is completed.

This doesn’t guarantee release, but it gives individuals a chance to go before the parole board earlier and argue for their rehabilitation and readiness to reenter society.

Who Is Eligible?

Prop 57 applies to people serving time for crimes that are classified as non-violent under California law. However, many felonies with serious enhancements—like firearm use or gang involvement—still fall under the umbrella of eligibility. If your loved one is in prison for a non-violent offense but received a long sentence due to enhancements, they may now be closer to parole than previously thought.

Increased Good Behavior and Rehabilitation Credits

Prop 57 also revised how incarcerated individuals can earn custody credits—points that reduce their overall sentence for good behavior and rehabilitation efforts.

Now, those convicted of non-violent offenses can significantly reduce their time by participating in:

• Educational programs
• Vocational training
• Self-help and mental health programs
• Substance abuse treatment

In some cases, inmates may be able to reduce their sentences by up to two-thirds—a major shift from prior rules that limited how much time could be earned through positive conduct.

Why This Matters for Families in Southern California

Whether you’re the parent of a minor charged with a serious offense or someone concerned about a loved one’s parole eligibility, Prop 57 has changed the game. The law prioritizes rehabilitation over punishment for non-violent offenses and restores a degree of fairness and proportionality to the system—particularly for vulnerable populations like youth.

At Simmons Wagner, LLP, we can help you understand how this law applies to your unique situation. We’ll review your case, determine eligibility for relief under Prop 57, and fight for the best possible outcome—whether that means a juvenile court transfer, parole hearing preparation, or sentence reduction.

Talk to a Criminal Defense Attorney Who Understands Prop 57

The legal system is evolving, and so are your options. If you’re not sure whether Prop 57 impacts your case, don’t wait to find out. Contact Simmons Wagner, LLP at (949) 439-5857 today to schedule a consultation. We’ll help you understand your rights, your options, and the next steps forward.